Court orders Malaysia Hindu Sangam to hold AGM within 3 months

Lawyer Arun Kasi says the court has ordered all parties to bear their own cost.

KUALA LUMPUR: The High Court has ordered the Malaysia Hindu Sangam (MHS) to conduct its stalled annual general meeting (AGM) three months from today.

Lawyer Arun Kasi, who represented six plaintiffs, said Justice Azizul Azmi Adnan also ordered the current management to circulate its annual financial statement and report to members at their last known addresses at least 21 days before the AGM.

“This is in compliance with section 257 of the Companies Act 2016,” he told FMT of the verdict delivered this evening.

MHS, with a membership of 21,000, is registered as a company.

Azizul also allowed four of the plaintiffs – K Krishnamoorthy, M Madhivan, T Premala and K Kunasegaran – to refile their nomination papers.

He also ordered the nomination papers of M Murugan to be accepted.

Arun said the judge, however, did not make a decision on S Navin Kumar but gave him the liberty to file a separate action to determine his membership status.

He said the judge also ordered parties to bear their own cost as it would burden all members, including the plaintiffs.

MHS is governed by a council of 27 members but this year, there will be an election to elect nine members.

On June 29, the court allowed an interim injunction to stop the MHS management from holding its AGM pending the disposal of a legal action brought by seven members.

N Nehru subsequently withdrew as plaintiff to the action.

The plaintiffs want a declaration that the notice and financial statements were not furnished to members at least 21 days ahead of the AGM, as required by the Companies Act.

They also want the court to declare that their nomination papers filed on June 17 to contest in the election are valid.

MHS was scheduled to hold the AGM on June 24 but this was postponed as the seven had obtained an ad interim injunction on June 20.